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Littérature scientifique sur le sujet « Human rights – Kenia »

Auteur : Grafiati

Publié le 10 mars 2023

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Articles de revues sur le sujet "Human rights – Kenia"

Akattu, Enock. « Realization of the Right to Education ». Msingi Journal 1, n^o 1 (4 septembre 2018) : 3–39. http://dx.doi.org/10.33886/mj.v1i1.66.

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This paper evaluates the state of education as a human right and demonstrates that it is possible to implement and ultimately protect the right to education within a domestic context. Despite its importance, the right to education has received limited attention from scholars, practitioners and international and regional human rights bodies as compared to other economic, social and cultural rights (ESCRs). NGOs have been increasingly interested in using indicators to measure and enforce a state‘s compliance with its obligations under international human rights treaties. Education is one of the few human rights for which it is universally agreed that the individual has a corresponding duty to exercise this right. This paper first of all draws up an inventory of the many international instruments which mention the right to education and analysethem in order to obtain a more precise idea of the content of this right, which often appears blurred. The paper also discusses the right to education as it is guaranteed in articles 13 of the Covenant on Economic, Social and Cultural Rights (ICESCR), article 28 of the Convention on the Rights of the Child (ICRC) and article 13 of the Protocol of San Salvador. The enjoyment of many civil and political rights, such as freedom of information, expression, assembly and association, the right to vote and to be elected or the right of equal access to public service depends on at least a minimum level of education, including literacy. Similarly, many economic, social and cultural rights, such as the right to choose work, to receive equal pay for equal work, the right to form trade unions, to take part in cultural life, to enjoy the benefits of scientific progress and to receive higher education on the basis of capacity, can only be exercised in a meaningful way after a minimum level of education has been achieved. Similarly, this paper discusses education in Kenya as a basic need and a human right (enhancing access, participation, retention, achievement and quality of schooling) to girls and boys and by extension women and men especially with the promulgation of the new Constitution of Kenya 2010 that recognizes education as a Bill of Rights and everyone is bound by the Bill of Rights. This means that all people in Kenya must respect education as a human right. The Bill binds all government institutions and state officers. They are required to respect human rights and deal appropriately with the special needs of individuals and groups in our society. In this paper, the provision of education in the first 4 to 18 years of schooling is considered to be basic, thus a basic right in Kenya

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Bukuru, Jean-Batiste, et Aleksandr Solntsev. « The Issues of Legitimacy of the International Criminal Court in Its Relations with African Countries in the Sphere of Counteracting International Crimes ». Russian Journal of Criminology 13, n^o 2 (26 avril 2019) : 332–39. http://dx.doi.org/10.17150/2500-4255.2019.13(2).332-339.

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The authors study the legitimacy of the establishment and work of the International Criminal Court (ICC) from the perspective of African countries. They point out that African countries initially supported the idea of creating the ICC and actively participated in its establishment and development. However, after the Court initiated investigations regarding the current President of Sudan Omar Al-Bashir and other African leaders (current President of Kenia Uhuru Muigai Kenyatta, its Vice-President William Samoei Ruto, former Head of the Great Libyan Arab Jamahiriya Muammar Gaddafi, the ex-President of Cote d’Ivoire Laurent Gbagbo, and others), the ICC began to lose its legitimacy in the eyes of most African leaders, who started to perceive it as a political instrument of Western countries. As a result, the African Union in its Resolutions (13 (XIII), 987 (XXIX), 952 (XXVIII) and others) called on African countries to stop cooperating with the ICC concerning warrants for the arrest of current officials and, finally, to totally withdraw from the Rome Statute of the ICC of 1998 because it believed that the Court is selective in its persecution of Africans only. Following this, three African countries (Burundi, the South African Republic and Gambia) announced in 2016 that they intend to withdraw from the Rome Statute. However, the South African Republic and Gambia did not do this due to internal political situation and pressure from the Western countries, and only Burundi withdrew from the 1998 Rome Statute on October 27, 2017. Besides, the African Union initiated the establishment of the International Criminal Chamber within its regional court — the African Court of Justice and Human Rights (Malabo Protocol of 2014); the authors believe it to be the reaction of the African countries to the activities of the ICC. Based on their research, the authors suggest reforming the International Criminal Court to ensure its independence and impartiality in fighting international crimes and impunity, as well as developing regional criminal justice in Africa.

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Chore, Timonah. « Reconceptualising the Right to a Clean and Healthy Environment in Kenya ». Strathmore Law Review 4, n^o 1 (1 juin 2019) : 71–88. http://dx.doi.org/10.52907/slr.v4i1.110.

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States around the world are progressively protecting environmental rights. The Constitution of Kenya 2010 provides for environmental rights under Articles 42, 69 and 70. However, this study argues that there is need to reconceptualise the right to a clean and healthy environment as established under Article 42, as the right is geared towards human utility rather than intrinsic environmental protection. Thus, the right is shrouded with anthropocentric concerns which may be construed as insufficient in the protection of natural resources, ecosystems and other non-human species for their ecological and intrinsic value. Accordingly, the study examines the right to a clean and healthy environment as envisaged in the Constitution of Kenya 2010 and, from that context, assesses the efficacy of anthropocentric environmental rights in environmental conservation highlighting the potential challenges faced in their implementation. As a way forward, the study recommends bicentric environmental rights as an alternative to anthropocentric environmental rights. The study realises its objectives through the use of case law and literature review.

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Aridi, Vicky. « Finding a Legal Balance between the Right to Strike and Right to Education in Kenya ». Strathmore Law Review 5, n^o 1 (1 août 2020) : 85–109. http://dx.doi.org/10.52907/slr.v5i1.119.

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The teachers’ right to strike and the children’s right to education are both essential rights recognised by national and international laws in Kenya. Despite this fact, there are instances where conflicts arise between these two rights. The courts have a mandate to balance competing human rights in instances of conflict. However, whenever there has been a conflict between the two rights, Kenyan courts have issued injunctions that require public-school teachers to suspend their strike. By doing so, the courts are leaving the teachers with no effective alternative mechanism to address their pertinent needs. The question of how a balance between the teachers’ right to strike and the children’s right to education in Kenya can be attained is thus an essential concern that is at the focal point of this paper. In a bid to address this question, Kenya’s Constitution, Children’s Act, Labour Relations Act, and case law from the Court of Appeal; namely, TSC v KNUT & 3 others, are analysed to reveal Kenya’s position on the two rights and the various balancing approaches available.

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Nzomo, Maria. « The Status of Women’s Human Rights in Kenya and Strategies to Overcome Inequalities ». Issue : A Journal of Opinion 22, n^o 2 (1994) : 17–20. http://dx.doi.org/10.1017/s0047160700501875.

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This paper takes the position that the human rights of women are inalienable and an integral and indivisible part of universal human rights, which we define to include the right to full and equal participation of women with men, in the political civil, economic, social and cultural life at all levels. The International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is one of the International instruments that explicitly focuses on women’s human rights, is quite comprehensive in its coverage. Consisting of 30 articles, CEDAW covers women’s human rights in all aspects of their lives—political, economic, social and cultural rights.

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Nanima, Robert Doya. « The right to education of the refugee girl affected by armed conflict in Kenya : insights from the jurisprudence of the African Committee of Experts on the Rights and Welfare of the Child ». Law, Democracy and Development 25, spe (29 novembre 2021) : 1–27. http://dx.doi.org/10.17159/2077-4907/2020/ldd.v25.spe6.

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The African Charter on the Rights and Welfare of the Child provides for the protection of children in all environments. Areas that have experienced armed conflict have made the child susceptible to human rights violations including violence through sexual offences and violation of civil and political as well as socio-economic rights. An evaluation of all human rights violations cannot be done comprehensively. This article takes a thematic turn and evaluates the aspects of the right to education of the refugee girl child. It sets the tone by reflecting on the normative framework of the right to education of the refugee child at the international, regional and national levels. This is followed by a discussion of the violation of this right in situations of conflict and host States like Kenya. Drawing on the jurisprudence of the African Committee on the Rights and Welfare of the Child, insights on the improvement of the enjoyment of this right are engaged. A conclusion and recommendations follow.

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Nissen, Aleydis. « Trade with the EU, Variable Geometry and Human Rights in the EAC ». Milan Law Review 2, n^o 2 (22 février 2022) : 103–23. http://dx.doi.org/10.54103/milanlawreview/17394.

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The Economic Partnership Agreement between the East African Community (EAC) and the European Union (EU) is of particular importance for the Kenyan floriculture sector. While the other EAC Partner States remain reluctant to ratify this agreement, they allowed the Republic of Kenya to start its implementation under the principle of variable geometry in June 2021. Kenya and the EU then started a strategic dialogue in which they pledged to strengthen their cooperation on human rights issues. This article identifies two priorities for floriculture workers: Kenya’s ratification of the core labour rights Convention No. 87 on the Freedom of Association and Protection of the Right to Organise and the broadening of an enabling space for an active, organised and transparent civil society.

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Mbondenyi, Morris Kiwinda. « Entrenching the Right to Participate in Government in Kenya's Constitutional Order : Some Viable Lessons from the African Charter on Human and Peoples' Rights ». Journal of African Law 55, n^o 1 (3 mars 2011) : 30–58. http://dx.doi.org/10.1017/s0021855311000027.

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AbstractA practice of frequent constitutional amendments started shortly after Kenya attained her independence in 1963. Consequently, the country has witnessed a confusion of systems of governance, ranging from single-party autocracy to virtual multi-party democracy, which have served to endorse the chronic condition of human rights violations in the country. In the process of such experimentation, Kenyans have unabatedly been denied the enjoyment of many of their fundamental rights and freedoms, including the right to participate in their government. This article analyses Kenya's constitutional order with the intention of highlighting the extent to which the country's citizens have been denied the right to participate in their government. Drawing inspiration from the African Charter on Human and Peoples' Rights, the article recommends ways in which this right could be entrenched in the country's constitutional order.

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Kuria, Gibson Kamau, et Algeisa M. Vazquez. « Judges and Human Rights : The Kenyan Experience ». Journal of African Law 35, n^o 1-2 (1991) : 142–73. http://dx.doi.org/10.1017/s002185530000841x.

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On 4 July, 1989 in Maina Mbacha v. Attorney General the High Court of Kenya appeared to remove itself from its role of enforcing the Bill of Rights of Kenya. The court ruled “inoperative” section 84 of the Constitution of Kenya which grants original jurisdiction to the High Court to enforce Fundamental Rights and Freedoms of the Individual, section 70–83 (inclusive) (Chapter V). The provision was deemed “inoperative” in Kamau Kuria v. Attorney General, and this was upheld shortly thereafter in Maina Mbacha when the High Court found that no rules of procedure had been enacted to enforce the Bill of Rights and dismissed for lack of jurisdiction. Indeed, in the latter case the court dismissed the application for lack of jurisdiction even though the case was before the court by virtue of the constitutional grant of “original unlimited jurisdiction”. As a matter of established law, the court can be approached by any available procedure when ruling to enforce established constitutional rights. Ordinary rights can be defeated for failure to follow procedure, but historically, procedural requirements often defer to constitutionally granted rights. Once the Bill of Rights was enacted in the Constitution, its enforcement became supreme to all other law, including procedural rules, for the supremacy clause of the Kenya Constitution states: “… if any other law became inconsistent with this Constitution, this Constitution shall prevail and the other law shall to the extent of the inconsistency be void”

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Mwanza, Rosemary. « Chinese Foreign Direct Investment and Human Rights in Kenya : A Mutually-Affirming Relationship ? » Strathmore Law Journal 2, n^o 1 (30 avril 2021) : 133–54. http://dx.doi.org/10.52907/slj.v2i1.18.

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Does the increase in Chinese foreign direct investment (FDI) inflows into Kenya portend doom for human rights in the country? The prominent narrative has been that FDI undermines human rights in host states, especially those in the developing world. This narrative is countered by claims that there exists a mutually affirming relationship between FDI and human rights. Proponents of this view posit that FDI facilitates the diffusion of human rights norms and correlates with the improved rule of law in host states. They also point to emerging human rights jurisprudence in international investment arbitration as evidence of a reciprocal relationship between FDI and human rights. In light of these arguments, this paper analyses the extent to which such a reciprocal relationship bears out between Chinese FDI and human rights in Kenya. It will be demonstrated that given the lack of a framework for human rights accountability for corporations at the international level, the restrictive treatment of human rights in international investment arbitration tribunals and weak institutional capacity in host states, a positive overlap between FDI and human rights is hardly a panacea for human rights protection in Kenya. Therefore, a synergy of legal measures and non-legal measures provide a pragmatic approach to insulate human rights from violations that may be associated with Chinese FDIs.

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Thèses sur le sujet "Human rights – Kenia"

Khayundi, Francis Bulimo Mapati. « The Kenya National Human Rights Commission and the promotion, protection and monitoring of socio-economic rights in Kenya ». Thesis, Rhodes University, 2018. http://hdl.handle.net/10962/60413.

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The promulgation of the 2010 Constitution of Kenya introduced socio-economic rights (SERs) amid widespread poverty and rising inequality. This study seeks to answer the overarching question, what role can the Kenya National Commission on Human Rights (KNCHR) play in promoting, protecting and monitoring SERs in Kenya? Further research questions included whether the KNCHR has the requisite powers to perform its mandate and what lessons could be learned from the South African context. The research sought to understand how the local context affects the ability of KNCHR to carry out its mandate. Likewise, it analyses some of the contributions KNCHR has made in the promotion and protection of SERs while identifying the challenges the Commission faces in carrying out its mandate. Several methodologies were utilised to answer the research questions above. The methodologies included the doctrinal method, analysis of secondary sources and interviews with key informants. A comparative legal research methodology was also employed, with the SAHRC being used as a case study on how NHRIs can promote, protect and monitor SERs. The findings from the research argue that the Paris Principles provide the minimum guidelines on the establishment of NHRIs. Compliance with these Principles has not necessarily guaranteed the effectives of NHRIs. Any assessment of an NHRI should be based on its performance and legitimacy considering the local factors obtaining within its jurisdiction. The domestic protection and judicial enforcement of human rights in Kenya, though crucial to the realisation of SERs, has been fraught with challenges. These challenges have meant that the realisation of SERs has been curtailed and necessitated complementary institutions for human rights to be realised. Given the country’s constitutional architecture, the KNCHR was one such institution that could complement the role of the judiciary given its wide mandate. With SERs a new feature of the 2010 Constitution, the KNCHR had to find ways to promote SERs in the country considering the local peculiarities such as poverty, a highly political climate and lack of political goodwill from the legislature and executive sometime characterised by open hostility. These challenges and the new nature of these rights called for a comparative study with the SAHRC given some similarities between the two jurisdictions. The SAHRC provided valuable lessons having had more experience in dealing with SERs while navigating similar challenges the KNCHR faced or might face. The findings of the research prompted recommendations directed at the KNCHR and other stakeholders, specifically the legislature and executive on how to address the challenges curtailing the performance of the KNCHR in general and particularly ways in which the Commission could go about in promoting, protecting and monitoring SERs.

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Wachira, George Mukundi. « Vindicating indigenous peoples' land rights in Kenya ». Thesis, Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-01212009-162305/.

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Sutton, Nikeeta Louise Joan. « Statelessness and the rights of Children in Kenya and South Africa : A Human Rights Perspective ». University of the Western Cape, 2018. http://hdl.handle.net/11394/6517.

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Magister Legum - LLM
Stateless children and those at risk of becoming stateless has been an ongoing issue both on a domestic level as well as internationally. In many African countries children face discriminatory and arbitrary nationality laws as a result of which they are not registered and granted citizenship in their country of birth or where they are found or undocumented. Thus, children continue to be stateless and will not be able to register their own children once they become parents. As a result, this creates an issue of transgenerational statelessness which will continue indefinitely and as such, requires attention and action both on a domestic and international level as a matter of urgency. While laws have been enacted in the aim to protect stateless children or children at risk of becoming stateless, the lack of guidelines in the implementation thereof creates a difficulty for children to acquire a nationality. States in this regard have the responsibility to create mechanisms to facilitate the implementation of laws especially when dealing with vulnerable groups such as stateless children.

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Feeley, Maureen Catherine. « Transnational movements, human rights and democracy legal mobilization strategies and majoritarian constraints in Kenya, 1982-2002 / ». Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2006. http://wwwlib.umi.com/cr/ucsd/fullcit?p3220378.

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Thesis (Ph. D.)--University of California, San Diego, 2006.
Title from first page of PDF file (viewed September 8, 2006). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references (p. 675-701).

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Lekakeny, Ruth Nekura. « The elusive justice for women : a critical analysis of rape law and practice in Kenya ». Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15207.

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This thesis seeks to uncover the challenges encountered by women and girl victims of rape in seeking recourse through the criminal justice system in Kenya. To do this I focus on their experiences in three major points of service provision, i.e. the police, the health facilities and the courts. I then explore, as a secondary research question, whether an integrated service provision approach provides solutions to these challenges. Article 48 of the Constitution of Kenya provides that 'The state shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice'27 This obligation places a tall order on the state and all its agents to ensure that anyone in pursuit of justice should access it with the minimum obstacles.

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Akoth, Stephen Ouma. « Human Rights Modernities : Practices of Luo Councils of Elders in Contemporary Western Kenya ». Thesis, University of the Western Cape, 2013. http://hdl.handle.net/11394/3976.

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Philosophiae Doctor - PhD
This dissertation is ethnography of human rights discourse in postcolonial Kenya. It situates itself in the inexorable rise of the application of International Human Rights Law witnessed in the 21st century. For this reason, many contemporary observers refer to this period as an ‘era of Human Rights’. With an ethnographic account centred primarily in Luo Nyanza, western Kenya, the dissertation seeks to open up questions about the practice of Human Rights by reference not to their philosophical origin but their practical manifestations. It conceptualizes Human Rights as a discourse of ongoing conversations of ‘multiple realities’ thus resulting to an empirical rather than ideological account of manifestations of personhoods and modernities. It is a study of the production of human rights that journeys in particular contexts and moments but conscious enough not to be circumscribed by its specific location. With this strategy, the dissertation is based on some sort of dialogue. On the one hand is a notion of Human Rights as rooted in Western enligthmenent discourse which one can describe as a Eurocentric perspective visible through the International Human Rights Instruments promulgated by the United Nations (UN) and its agencies and the other a perspective common among a section of Luo people of western Kenya visible through chike, kido and kwero that are articulated and safeguarded by Luo Councils of Elders. In suggesting the distinction between ‘the Western’ and ‘the Luo’ notions of personhood, the researcher is aware that both frameworks are manifestly plural and ‘intercivilizational’ in their conceptualization

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Maina, Mary Wairimu. « ‘The right to the city’ for marginalised communities through water and sanitation service projects ». Thesis, Cape Peninsula University of Technology, 2017. http://hdl.handle.net/20.500.11838/2642.

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Thesis (DTech (Design))--Cape Peninsula University of Technology, 2017.
The introduction of water service programmes has significantly improved the delivery of Water and Sanitation Services to marginalised communities in Kenya. Since the implementation of the Kenya Water Act of 2002, enacted policies have resulted in communal ablution blocks and water kiosks in some of the more densely populated settlements. In the development of service provision programmes to improve access to water and sanitation, the social and cultural implications have yet to be addressed. To better understand the partnerships between the marginalised community and the political agencies that ensure improved allocation of resources, community participation should be addressed in the emerging water governance. The right to water is a key clause in the new constitution of Kenya and although this is a laudable recognition of citizens’ rights to basic services, this constitutional clause is yet to be fully implemented. The exclusion of social practices followed by marginalised communities results in limits in the promotion and implemention water and sanitation projects. The resulting lack of water and sanitation services decreases the internal capacities of community members and inhibits development. A natural and finite resource such as water, often taken for granted by most, is the foundation to improved places in a community. These places reflect social relations within the given society and provide a platform for interaction. When this engagement occurs, meaning in both physical and social boundaries between different communities that emerge, can help assert agency to marginalised groups. While a programme is used to define a space by regulating through building codes and standards, a community’s role is validated by the inclusiveness of the design process. Therefore the resultant project allows for a sense of agency to be built, while boosting interaction through learning programmes, to improve civic duties in the society. These aspects are crucial for development and can be achieved using allocation of basic services like water and sanitation. Grounded Theory is used to analyse the interviews from the respondents and it concerns itself with the meanings attributed to steps within processes. This approach is applicable when meanings attributed to macro-level explanations and micro-level activities need to be uncovered. The interviews conducted for this study are analysed line-by-line coding and memo writing. The data is used as a narrative of distinct processes in both marginalised communities and political agencies. Using the model of an agent the study illustrates the process of agency that highlights the role of marginalised communities in participatory approches toward equitable access to water and sanitaion services. The cases approached in this study further articulate the processes used by political agencies to engage in community participatory approaches. Though these participatory approaches were seen to be more inclusive than previous service delivery approaches, gaps emerged in the study that are addressed in the relationship matrix. This model distinguishes the differences in the production of space through Water and Sanitation Service programs, and the creation of place in implemented projects. By aligning these two aspects of the production of space when applied to marginalised settings helps in understanding the context prior to the implementation of WSS development programmes. This recognition of the role that marginalised communities play in socioeconomic development can improve programmes and projects aimed at providing water and sanitation services. This access is important to marginalised groups which are disadvantaged, because of a difference in their practices. By understanding the social practices around the use, management and safeguarding of water and sanitation projects, community members can begin to attach cultural value to their water resources. This has implications for the sustainability of the projects and their replicability. Therefore social practices, and by extension culture, influence the concept and design of programmes to enable access to water and sanitation resources, especially to marginalised groups in society.

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Okurut, Emmanuel. « Preventing human rights violations by law enforcement during counterterrorism operations in Kenya and Uganda ». Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/64630.

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The problem of terrorism has escalated over the past two decades and has continuously posed a challenge to global peace and security. While the major terrorist organizations like ISIS and al-Qaeda have devastated the Middle East, Europe and the United States, the East African region has not been an exception to the influence of radical Islamist terrorist groups. Kenya and Uganda have particularly been targeted by al-Shabaab, a Somali based Islamist terrorist group that has sworn allegiance to al-Qaeda. These attacks have mainly been in response to the deployment of military troops under the AU’s peace-keeping mission in Somalia (AMISOM. In addition to the threat by al-Shabaab, the two countries have also battled internal home-grown terrorist organizations that have threatened the peace and security of their respective homelands. In response to the threat of terrorism and its impact on the various institutions, the international community adopted the United Nations Global Counter-Terrorism Strategy to fight against terrorism in order to preserve peace and security. These counterterrorism measures also contain safeguards that are designed to ensure that states do not unjustifiably infringe on human rights. The African region under the African Union has also adopted counterterrorism measures under the OAU Terrorism Convention and numerous other instruments which tackle the problem of terrorism in great detail. Kenya and Uganda have been vulnerable to terrorist attacks and have adopted some interventions including the adoption of counterterrorism legislation and reinforcing law enforcement to be able to respond better to the threat of terrorism. Kenya enacted its Prevention of Terrorism Act in 2012 while Uganda’s Anti-Terrorism Act was passed in 2002. There are a number of legitimate counterterrorism measures within these pieces of legislation for example the criminalization of terrorism and terrorist organizations. However, there is a danger that some of these interventions may unlawfully erode fundamental human rights and freedoms. This is particularly true for their counterterrorism police and security agencies which usually conduct their operations in secret with no clear channels of accountability. This poses a challenge for any effective form of review because most of such operations are protected as state secrets. The thesis examined the extent to which counterterrorism legislation and policy affects the enjoyment of human rights. The analysis showed that there were some significant deficiencies in the counterterrorism legislation of Kenya and Uganda. The most prominent challenges were the lack of supervision and review of exercise of discretion by law enforcement during counterterrorism operations, and weak accountability frameworks. In this regard, the thesis recommends the immediate codification of the Joint Anti-Terrorism Taskforce of Uganda; the amendment of the Uganda Police Act to take into account proportionality in the use of force by law enforcement; the amendment of the Anti-Terrorism Act of Uganda to remove the unfettered discretion of a security officer; and the inclusion of the right to silence and the right to apply for release from unlawful custody in Uganda’s Constitution. A closer look at the practice of counterterrorism agencies also reveals a pattern of gross violation of human rights and disregard for the rule of law. Such unlawful conduct also violates the principles of democracy that require public officials to be accountable for actions taken in their official capacity. In an effective democracy, public officials are appointed by the authority of the public and they serve the collective interests of the society at large. In addition, there are certain law enforcement accountability mechanisms that are established in order to ensure the efficiency, professionalism and discipline of the police forces. While most of these accountability mechanisms are carefully thought out and drafted, they are not always implemented in practice. Nevertheless, they constitute a potential avenue for the prevention of abuse of human rights during counterterrorism operations. In order to improve the overall effectiveness and accountability of the police forces, the thesis recommends freeing the police from undue influence of the executive branch of government; exercising accountability before, during and after counterterrorism assignments; education of law enforcement officials in the protection and promotion of human rights; and improving the living and working conditions of members of law enforcement in order to prevent unprofessionalism.
Thesis (LLD)--University of Pretoria, 2017.
Centre for Human Rights
LLD
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Doya, Nanima Robert. « The legal status of evidence obtained through human rights violations in Uganda ». Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/4925.

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Magister Legum - LLM
The Constitution 1995 of the Republic of Uganda is silent on how to admit evidence obtained through human rights violations in Uganda. The decided cases are inconsistent in the way courts have dealt with this evidence. This research establishes how jurisdictions like South Africa, Canada, Kenya, Zimbabwe and Hong Kong deal with evidence obtained as a result of human rights violations. It establishes the position of international law on evidence obtained through human rights violations. The research then employs the comparative study to establish the status of evidence obtained through human rights violations in Uganda. This study helps in the improvement of the practice of evaluating evidence in courts, by providing recommendations to policy makers and judicial officers in the criminal justice system on how to handle evidence at the pretrial stages in order to greatly attempt to contain the consequences of this evidence.

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Khayundi, Francis Mapati Bulimo. « The effects of climate change on the realisation of the right to adequate food in Kenya ». Thesis, Rhodes University, 2012. http://hdl.handle.net/10962/d1003190.

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This thesis examines the interplay between the effects of climate change and human rights. It seeks to interrogate the contribution of human rights in addressing the effects of climate change on the enjoyment of the right to food in Kenya. Climate change has been recognised as a human rights issue. Despite this acknowledgement, many states are yet to deal with climate change as a growing threat to the realisation of human rights. The situation is made worse by the glacial pace in securing a binding legal agreement to tackle climate change. The thesis also reveals that despite their seemingly disparate and disconnected nature, both the human rights and climate change regimes seek to achieve the same goal albeit in different ways. The thesis argues that a considerable portion of the Kenyan population has not been able to enjoy the right to food as a result of droughts and floods. It adopts the view that, with the effects of climate change being evident, the frequency and magnitude of droughts and floods has increased with far reaching consequences on the right to food. Measures by the Kenyan government to address the food situation have always been knee jerk and inadequate in nature. This is despite the fact that Kenya is a signatory to a number of human rights instruments that deal with the right to food. With the promulgation of a new Constitution with a justiciable right to food, there is a need for the Kenyan government to meet its human rights obligations. This thesis concludes by suggesting ways in which the right to food can be applied in order to address some of the effects of climate change. It argues that by adopting a human rights approach to the right to food, the State will have to adopt measures that take into consideration the impacts of climate change. Furthermore, the State is under an obligation to engage in activities that will not contribute to climate change and negatively affect the right.

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Livres sur le sujet "Human rights – Kenia"

Menschenrechte im Schatten kolonialer Gewalt : Die Dekolonisierungskriege in Kenia und Algerien 1945-1962. München : Oldenbourg, 2009.

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International, Amnesty, dir. Kenya : Human rights : an update. New York, N.Y : Amnesty International, 1988.

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Trust, Legal Resources Foundation, dir. Workers and human rights in Kenya. [Nairobi] : Legal Resources Foundation Trust, 2002.

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Waffubwa, Isabelle. Children and human rights in Kenya. [Nairobi] : Legal Resources Foundation Trust, 2002.

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Cecilia, Kimani, et Legal Resources Foundation (Kenya Human Rights Commission), dir. Children and human rights in Kenya. 2^e éd. [Nairobi] : Legal Resources Foundation Trust, 2007.

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Africa Watch Committee. Kenya : Taking liberties. New York, NY : Africa Watch, 1991.

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Watch, Africa. Kenya : Taking liberties. New York, NY : Africa Watch, 1991.

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Litigating rights : Realizing the right to reparations in Kenya. Nairobi : Kenya Section of the International Commission of Jurists, 2013.

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Fundamental rights and freedoms in Kenya. Nairobi : Oxford University Press, 1990.

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Kenya Human Rights Institute : Strategic plan, 2007-2012. Nairobi : Kenya Human Rights Institute, 2007.

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Chapitres de livres sur le sujet "Human rights – Kenia"

Okubasu, Duncan M. « Kenya ». Dans Judging International Human Rights, 543–62. Cham : Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-94848-5_22.

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Etone, Damian. « Kenya and the UPR ». Dans The Human Rights Council, 100–138. Abingdon, Oxon ; New York, NY : Routledge, 2020. : Routledge, 2020. http://dx.doi.org/10.4324/9780429060304-5.

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Kamau, Jean Njeri, et Anthony Mugo. « Unveiling the Mask of Privacy : Protecting Survivors of Violence Against Women in Kenya ». Dans Engendering Human Rights, 249–59. New York : Palgrave Macmillan US, 2005. http://dx.doi.org/10.1007/978-1-137-04382-5_12.

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Mutunga, Willy. « Human Rights States and Societies : A Reflection from Kenya ». Dans Human Rights in Africa, 19–57. New York : Palgrave Macmillan US, 2019. http://dx.doi.org/10.1057/978-1-137-51915-3_2.

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Abe, Oyeniyi. « Policy and legal framework in Kenya ». Dans Implementing Business and Human Rights Norms in Africa, 151–61. London : Routledge, 2022. http://dx.doi.org/10.4324/9781003290124-13.

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Mwangi, Oscar Gakuo. « Corruption, Human Rights Violation and Counterterrorism Policies in Kenya ». Dans The Palgrave Handbook of Global Counterterrorism Policy, 1041–54. London : Palgrave Macmillan UK, 2017. http://dx.doi.org/10.1057/978-1-137-55769-8_50.

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Kilonzo, Josephat M. « Commemoration and Human Rights in Africa : Revisiting the Politics of Memory Through Visual Arts in Kenya ». Dans The Art of Human Rights, 85–101. Cham : Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-30102-6_7.

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Kamunyu, Mariam, et Edward Kahuthia Murimi. « Advancing the Right to Demonstrate in Kenya Through Negotiated Management ». Dans Governance, Human Rights, and Political Transformation in Africa, 175–215. Cham : Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-27049-0_8.

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Maweu, Jacinta Mwende. « Unworthy Victims ? The Media, Politics and the Search for Justice Through the International Criminal Court in Kenya ». Dans Reporting Human Rights, Conflicts, and Peacebuilding, 169–85. Cham : Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-10719-2_11.

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Sempijja, Norman, et Bulelwa Nkosi. « National Counter-Terrorism (C-T) Policies and Challenges to Human Rights and Civil Liberties : Case Study of Kenya ». Dans International Human Rights and Counter-Terrorism, 431–48. Singapore : Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-10-4181-5_36.

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Actes de conférences sur le sujet "Human rights – Kenia"

Omukaga, J. L. « Science and technology serving the human right to food : corporate responsibility of universities in Kenya ». Dans Envisioning a Future without Food Waste and Food Poverty : Societal Challenges. The Netherlands : Wageningen Academic Publishers, 2015. http://dx.doi.org/10.3920/978-90-8686-820-9_22.

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Omukaga, J. L. « 53. The human right to food and the role of University research in food security in Kenya ». Dans 13th Congress of the European Society for Agricultural and Food Ethics. The Netherlands : Wageningen Academic Publishers, 2016. http://dx.doi.org/10.3920/978-90-8686-834-6_53.

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Rapports d'organisations sur le sujet "Human rights – Kenia"

Abuya, Timothy, et Wangari Ng'ang'a. Report : Getting it Right ! Improving Kenya’s Human Capital by Reducing Stunting—A Household Account. Population Council, 2021. http://dx.doi.org/10.31899/sbsr2021.1064.

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In the last two decades, Kenya has attained middle-income status and established a diverse and private-sector-driven economy. On several socIo-economic indicators, such as education, gender equality, and democracy, Kenya scores much higher than its peers. More than two-thirds of Kenyans are under 35 years of age, thus the country’s development hinges on the quality of its youth—their levels of education and skills, their values and attitudes, and the quality of their health and productivity. While Kenya’s investments in the development of its human capital positions the country well to sustain accelerated growth, the trajectory is threatened by high rates of malnutrition, which contributes to the country’s disease burden and has a large effect on socio-economic development. About 26 percent of children in Kenya are stunted, and evidence indicates that poor nutrition in early life can create consequences for learning and future productivity. Women who were stunted as children are likely to give birth to low-birth-weight babies, which is associated with higher levels of morbidity and mortality. This report analyzes the status of stunting in Kenya from a household perspective and points to pathways for addressing it.

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Johanna, Jacobi, Kiteme Boniface et Ottiger Fabian. Highly Hazardous Pesticides (HHPs) in Agro-industrial and Smallholder Farming Systems in Kenya. Swiss National Science Foundation (SNSF), mai 2020. http://dx.doi.org/10.46446/publication_r4d.2020.3.en.

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Farms in the global South show heavy use of pesticides such as herbicides, insecticides and fungicides. Some of these substances are banned in Switzerland and the European Union but are often produced and exported from there. Our messages draw on research findings from Kenya. They make the link to international conventions, highlight alternatives to pesticide-intensive agricultural practices, and call for phasing out “highly hazardous” substances in line with human rights and the precautionary principle.

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Paying the Price : A Study on Criminalization of Land and Environmental Rights Defenders in East Africa. Rights and Resources Initiative, février 2021. http://dx.doi.org/10.53892/zsea6921.

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This paper gathers data on cases of violence and/or criminalization of land and environmental rights defenders (LERDs) in Kenya, Tanzania, and Uganda. It collects information on existing strategies and resources to address the criminalization of LERDs in East Africa, maps organizations working on the issue at the local, national, and regional levels, and aims to understand the steps leading to violence against or criminalization of human rights defenders.

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